United States Fifth Circuit

Defendant's tax fraud conviction is affirmed where the delay prior to defendant's trial did not mandate dismissal with prejudice under the Speedy Trial Act, because: 1) defendant persisted in illegal conduct for a period of more than a year; 2) the overwhelming majority of the delay resulted from defendant's own conduct; and 3) the defense was not prejudiced by the delay.

Appellate Information

• Decided 07/28/2009
• Published 07/28/2009

Judges

• PRADO, Circuit Judge:, Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr. Asst. U.S. Atty., Elizabeth Berenguer, San Antonio, TX, for U.S., James Scott Sullivan (Cour-Appointed), Law Offices of J. Scott Sullivan, San Antonio, TX, for Clark.